Regard the car that mastering car information field to have absolutely advantage as distributors, should active the detailed circumstance car, put the flaw that be in possibly especially, tell customer adequately, if be informed not actively, have the ill will that conceals intentionally possibly, it is a sale con, can ask to retreat one compensate 3.
Somewhere inn of 4S of Ao Di of masses of an one steam (graph article has nothing to do) . (IC Photo/ pursues)
Occupy media to reported recently, jinan citizen Mr Cheng in Jinan giant 4S inn bought an Ao Dixin car in April 2018. Be in however in January 2019 portion, mr Cheng checks the car that gives his to had produced an accident before buy accidentally, passed maintenance. 4S inn admits car once had been maintained, but reject to offer maintenance log, also did not explain specific had given what accident. And as a result of before the giant 4S store that buys a car has been bought by another 4S inn, new 4S inn chief says those who sell to the car is not him, do not understand a situation, cannot assume responsibility.
This just is sold one of random elephant by the car of exposure recently just. Protect the data that committee published a few days ago according to Shanghai consumer rights and interests, 2018, shanghai disappear is protected appoint accept what car and relevant product serve to complain 9382 in all, sell segment among them complain nearly 40% , low misdirect consumer, consign " problem car " wait for a problem to highlight.
But in the process that buy a car, there is serious information asymmetry between consumer and car distributors, the concerned information of car masters in distributors hand, and distributors photograph has more professional knowledge than consumer. The know the inside story that this asks distributors must guarantee customer adequately counterpoises, impart all and important information that concerns with car according to the facts, the circumstance dirty that makes consumer is mastering enough information goes out buy an option. If distributors uses his advantage news position, hide car information intentionally, revulsive consumer makes wrong choice, that sells fraudulent action namely, protect a law according to consumer rights and interests, should retreat one compensate 3.
In fact, because the sale is con,home has had car distributors many cases be adjudicated to retreat one compensate by the court the case of 3. Feburary 2017, hangzhou king lady runs quickly to place 4S inn buys an entrance to run quickly car, when providing the shop sign on place to the car, refuse however. So this car is changed to cross 4 hub and tire, because hub reachs tire and primary vehicle model to not agree with, car is suspected of privately changing one's costume or dress. The court adjudicates finally, 4S inn is sold in the existence in selling a process con, should lady of go back king buys the fare such as car section, insurance more than yuan 650 thousand, increase 3 times compensation 1.97 million yuan. In September 2018, beijing knot of 2 careful careful buys court of the 3rd intermediate people together car dispute, decide car distributors conceals a carry out car already travel 5000 much kilometers are actual the fact that is two handcart, privately adjusts car odograph, sell customer its by new car, attribute a sale con, the car that adjudicates cancel both sides sells a contract, distributors pays 3 times compensation many yuan 1300 to consumer.
Nevertheless, in similar suit, the action that also the court adjudicates car distributors does not attribute a sale con, but the know the inside story that encroached consumer counterpoises, do not support consumer to retreat one compensate the request of 3, mere take into consideration the circumstances recoups the loss that authority of consumer know the inside story is encroached. The court makes the matter of this kind of court decision, often be the car blemish that distributors did not tell customer " do not affect use actually " , perhaps discover a problem in the check out procedure before making a car and change fittings is " industry government " , do not form con.
But, buying a car, in the process that buys luxurious car especially, regard brushstroke amount as not small expenditure, the basis that consumer makes a decision is not car merely " can use normally " , among them more contain a lot of affective elements, a few tiny flaws affect customer possibly buy decision-making. The court should be mature when enter a judgement this. Additional, have fraudulent action and involved car whether use normally did not concern, the key depends on distributors whether having conceal car the fact of bad news and intended. Regard the car that mastering car information field to have absolutely advantage as distributors, should active the detailed circumstance car, put the flaw that be in possibly especially, tell customer adequately, if be informed not actively, have the ill will that conceals intentionally possibly, it is a sale con, should retreat one compensate 3. Only such, compulsive car distributors informs ability actively customer traffic information especially the information of car blemish respect, ability makes sure the know the inside story of consumer counterpoises adequately.
Return the case that the article begins, if Mr Cheng is bought Ao Di car has produced an accident before this and did repair, and 4S inn did not inform this, with respect to the likelihood existence sells fraudulent action, because of so major news, of enough influence Mr Cheng buy a decision. And new 4S store with either what oneself sell the counterplea for to cannot hold water apparently, after buying original 4S store, the right of former 4S inn and obligation acceded along with all the others of course. Mr Cheng can be sued to the court, strive for oneself rights and interests.
Xin Shengzhi